Organized Concealment Including Driver Switch
Only Blood Alcohol Concentration of 0.03% or Higher Punishable
Measurement Difficult as Conducted 17 Hours After Accident
Trot singer Kim Hojung initially denied charges of drunk driving and hit-and-run but admitted to the facts after ten days. However, since the crucial evidence of blood alcohol concentration was measured 17 hours after the accident, it is expected that directly proving the charges will not be easy.
On the 19th, after finishing a performance in Changwon, Kim issued a statement through his agency, Saenggak Entertainment, saying, "I did drive under the influence. I deeply regret and reflect on my actions. I will sincerely cooperate with the police investigation." He added, "I want to sincerely apologize for causing hurt and disappointment to many people due to a moment of poor judgment."
The agency, which was involved in evidence tampering, stated, "From the initial official stance until now, we were only focused on hiding the situation. We sincerely apologize for not acting truthfully." A police official said, "Kim's attendance and schedule may be flexible depending on the investigation schedule."
Kim is accused of causing a collision with a taxi around 11:40 p.m. on the 9th in Apgujeong-dong, Gangnam-gu, Seoul, and fleeing the scene. He appeared at the police station only at 4:30 p.m. the following day. On the 17th, the police received urine test results from the National Forensic Service indicating that Kim had consumed alcohol before the accident.
Additionally, CCTV footage showing Kim leaving a nightclub before the accident and calling a designated driver to go home was released. The police also reportedly secured a recorded file in which Kim directly asked his manager, "I had an accident while driving under the influence. Please appear on my behalf."
However, it appears difficult to prove the drunk driving charge based on circumstantial evidence alone. The driver's blood alcohol concentration must be confirmed to be 0.03% or higher, but after 8 to 12 hours post-drinking, breath tests cannot verify alcohol consumption. Typically, the police use the Widmark formula, which estimates blood alcohol concentration over time based on the type of alcohol and body weight, but if the suspect conceals their whereabouts for a long time, the initial level cannot be determined.
In the past, broadcaster Lee Changmyung was indicted for drunk driving after appearing about nine hours after a traffic accident in April 2016 but was ultimately acquitted. The court did not accept the estimated blood alcohol concentration calculated using the Widmark formula.
Kim's statement acknowledges the fact of drunk driving itself but cannot be seen as a confession that his blood alcohol concentration was 0.03% or higher, so proving the drunk driving charge is expected to be challenging.
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